HomeMy WebLinkAboutLL-2003 #07Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY? NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Town of
SOUTHOLD
LOCAL LAW NO. 7 -2003
A Local Law entitled, "A Local Law in relation to Exemptions to Board of Trustees Temporary Moratorium".
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Purpose- To provide exemptions to moratorium law for applicants who completed review process prior to
effect of Temporary Moratorium. Additionally to provide exemptions to applicants who are seeking to renew a
validly issued permit, or seeking to amend a validly issued permit with a more environmentally beneficial or
neutral modification.
II. Local Law No. 1 of 2003 is of the Town of Southold is hereby amended as follows:
Section l: Legislative Intent
The Town of Southold possesses a rich heritage of scenic, historic and natural resources which are vital
to the town's sense of place and to its economic success as a community.
The upland acreage of Southold Town, including Fishers Island is approximately 34,369 thousand acres
with approximately 163 linear miles of shoreline. This acreage is bounded to the north by the nationally
recognized estuary of Long Island Sound and to the south by the nationally recognized Peconic Bay Estuary.
Trustee jurisdiction under the Andros Patent encompasses more than 2,000 acres of underwater lands, not
including Sound and bayfront owned by the State of New York. The local economy is based on two traditional
industries and a third, newer, but strong industry: farming, recreational and commercial fishing and
tourism/second homes. The economy is based squarely on a unique, extraordinarily beautiful and productive
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev. 11/99) ( 1 )
environment that is both fragile and sensitive. Protection of that environment therefore is of utmost importance
to the Towns financial health and long-term fUture.
The comprehensive planning objectives of the Town of Southold are: 1) the preservation of Natural
Resources; 2) preservation of Open Space and Recreational Space; 3) preservation of the Rural, Cultural,
Commercial and Historical Character of the Hamlets and Surrounding Areas; and 4) the preservation of
farmland and agriculture.
In August 2002 the Town of Southold adopted a moratorium on the review and granting of major and minor
subdivisions and approvals for multidwelling development. The purpose section of that moratorium stated in
part that "The Town Board finds that increased growth and development within the Town of Southold are
placing severe pressure on water supply, agricultural lands, open and recreational space, the rural character of
the community and natural resources located within the Town."
One of the primary tools implemented by the Town to protect its natural resources is Chapter 97
(entitled "Wetlands") of the Southold Town Code. The existing laws and procedures set forth in Chapter 97
should have the practical effect of ensuring that new development and redevelopment are in accordance with the
Town's comprehensive planning objectives. Unfortunately the practical reality is that the laws set forth in
Chapter 97 to protect wetlands and wetland boundaries are not having this effect.
Two critical studies and analysis which include the Town's wetlands, wetland boundaries and natural
resources are 1) the Town's Local Waterfront Revitalization Program (LWRP) and 2) the Peconic Estuary
Comprehensive Management Plan.
After years of study, fact gathering and writing, completion of a LWRP for the Town of Southold is
imminent. In addition, the Comprehensive Peconic Estuary Management Plan has recently been adopted. The
LWRP is a comprehensive plan for the entire Town. As waterfront land has, in certain instances, been
inappropriately developed, Town waters and habitats have been negatively impacted. One example of this is
the closure of shell fishing areas such as Mattituck Creek and James Creek due to an increase of coliform
bacteria from septic systems and stormwater runoff, to name just two sources.
The LWRP and the Peconic Estuary Plan recommend several land use measures that should be adopted
by the Town to augment estuary protection. The Town and the Board of Trustees intend to carefUlly consider
and possibly implement these recommendations
2
The Board of Trustees and the Town will use the moratorium time to evaluate the effects, both
singularly and cumulatively, of these actions in order to minimize damage from erosion, turbidity or siltation,
saltwater intrusion, loss of fish, shellfish or other beneficial marine organisms, lost of aquatic wildlife and
vegetation and the destruction of the natural habitat thereof, to minimize the danger of flood and storm-tide
damage and pollution, and to otherwise protect the quality of wetlands, tidal water, marshes, shorelines,
beaches, dunes, bluffs and natural drainage systems for their conservation, ecological, hydrological, economic,
aesthetic, recreational and other public uses and values, and further to protect the potable fresh water supplies of
the Town from the dangers of drought, overdraft, pollution from saltwater intrusion or inappropriate land uses
and misuse or mismanagement.. A moratorium will give the Town and the Board of Trustees time to consider
and implement the LWRP and the best land use techniques for protecting its waterfront resources.
This moratorium addresses the fact that new growth in the form of new structures on existing waterfront
lots and underwater lands poses a similar potential to impair the Town's unique environment, geology and
hydrology. Many of the Town's existing waterfront lots, whether they be vacant or developed, residentially or
commercially zoned, do not conform to current zoning in that they are smaller than the minimum required
acreage. Therefore, the development and redevelopment of these lots is of utmost concern because these
activities have the potential to cause further harm to the coastal environment. This moratorium will enable the
Town and the Trustees to focus on crafting and implementing a strategy to ensure that it actually achieves its
comprehensive planning objectives. This action is necessary in order to protect the character, natural resources
and environment of the Town of Southold and the public health, safety and welfare of Town residents.
Section 2: Enactment ora Temporary Moratorium
For a period of twelve (12) months following the effective date of this Local Law after which date this
Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the
Town Board within the twelve (12) month period:
1)
The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a
hearing or make any decision upon any application (new or pending) made pursuant to Chapter 97 of
the Town Code of the Town of Southold for any new residential or commercial structure/building on
vacant land;
2) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a
hearing or make any decision upon any application (new or pending) made pursuant to Chapter 97 of
the Town Code of the Town of Southold for any "operations" (as that term is defined in Chapter 97)
below the high tide line of any "tidal waters" (as that term is defined in Chapter 97) or in standing
water of any "freshwater wetlands" (as that term is defined in Chapter 97)
Section 3: APPLICATION
1)
This Local Law shall apply to ALL (new or pending) applications seeking a Chapter 97 permit
from the Board of Trustees of the Town of Southold for any new a residential or commercial
structure/building on vacant land or any "operations" (as that term is defined by Chapter 97 of the
Southold Town Code) below the high tide line of"tidal waters" (as that term is defined in Chapter
97) or in standing water of any "freshwater wetlands" (as that term is defined in Chapter 97)
Section 4: EXCLUSIONS
This Local Law shall not apply to:
1) the ordinary and usual operations incidental to the cultivation and/or harvesting of fish and shellfish;
2) the ordinary and usual operations relative to conservation of soil, vegetation, fish, shellfish and
wildlife;
3) the ordinary and usual operations relative to agriculture, aquaculture or horticulture;
4) the ordinary and usual maintenance or repair of a presently existing permitted building, dock, pier,
wharf, bulkhead, jetty, groin, dike, dam or other water control devise or structure;
5) the construction of a registered bulkhead, which is to replace an existing functional bulkhead,
provided that the new bulkhead is constructed substantially similar to the design and measurement of
the existing bulkhead and located in place of the existing bulkhead;
6) repair or renovation to existing residential or commercial building or structures;
7) accessory structures above the high tide line;
8) applications/inquires to the Board of Trustees for determinations of non-jurisdiction.
9) applications for extensions, for a one-year term, of a validly issued permit. The Board of Trustees
may add conditions for appropriate environmental safeguards to any renewed permit.
10) applications to change the name of the owner or applicant on a validly issued permit.
Section 5: EXEMPTIONS
4
The Board of Trustees may grant exemptions to the temporary moratorium as follows:
1)
An application seeking a Chapter 97 permit for any new residential or commercial structure/building
on vacant land, or any "operations" (as defined by Chapter 97 of the Southold Town Code) below
the high tide line of"tidal waters" (as defined by Chapter 97 of the Southold Town Code) or in
standing water of any "freshwater wetlands" (as defined by Chapter 97 of the Southold Town Code)
may be approved if
a) A field inspection was conducted and all field inspection issues were addressed and resolved
prior to the effective date of the Temporary Moratorium; and
b) all documents, related reviews, inspections, reports and other necessary items in support of
the application were submitted, addressed and resolved prior to the effective date of the
Temporary Moratorium; and
c) no further review or hearing is necessary on the application.
2) A validly issued permit may be amended or modified, in the discretion of the Board of Trustees, if the
environmental impact of the amendment or modification is more beneficial to the environment or would
not adversely impact the environment or the wetlands.
Section 6: CONFLICT WITH OTHERS LAWS AND AUTHORITY TO SUPERCEDE
To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent
with the provisions of Chapter 97 of the Southold Town Code this Local Law supercedes, amends and takes
precedence over such provisions pursuant to the Town's municipal home rule powers, pursuant to Municipal
Home Rule Law section 10(1)(ii)(d)(3); section 10(1)(ii)(a)(14) and section 22 to supercede any inconsistent
authority;
In particular, this local law supercedes Southold Town Code Chapter 97 sections 97-20, section 97-21; section
97-22, section 97-24, section 97-25, section 97-27, section 97-28, and section 97-29 which require the Board of
Trustees act upon, hold hearings on, and make decisions concerning applications.
Section 7: APPEALS PROCEDURE
The Town Board shall have the authority to vary or waive the application of any provision of this Local
Law, in its legislative discretion, upon its determination that such variance or waiver is required to alleviate the
extraordinary hardship of the imminent danger of collapse or structural failure a residential or commercial
5
structure or building. To grant sucn a request the applicant must file with the Town Board and the Board of
Trustees supporting documentation, including a certified engineers report.
Any request for a variance or waiver shall be filed with the Town Clerk and the Board of Trustees (for
recommendation) and shall include a fee of $150.00 dollars for the processing of the application. The
application and Board of Trustee recommendation shall be transmitted to the Town Board which may conduct a
public hearing and make a final decision on the application, with or without conditions. Final approval is
reserved to the absolute legislative discretion of the Town Board.
Section 8: SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
Section 9: EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
hereby certify that the local law annexed hereto, designated as local law No. 7 of 20 03 : of the
rr~ .... ...\/~'~;~ T'~ (Tc~xxrn'~
..... ~ 2,~)~ ...... ~ ~) of SOUTHOLD was duly passed by the
TOWN BOA~ on April 8 ,20 03 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 __, and was (approved)(not approved)(repassed after
disapproval) by the and was deemed duly adopted on 20
in accordance with the applicable provisions of law. '
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the on 20 . Such local law was submitted
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20__ , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20__, in
accordance with the applicable provisions of law.
* ElectiVe Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide
basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the (special)(general) election held on 20
became operative. --"
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a mai ority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 , above.
C~erk of thq~unty legisl~ive body. ~ity. T~vn or Village ~lerk
or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
(,Sea J) Date: April 10, 2003
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law contains the c~text and that all proper proceedings
have been had or taken for the enactment of the local law annexed here~-'~5~--~.__...N_~.~
_- .-trolley
Gregory F. Yakaboski, Esq., Town Attorney
Title
Town of
SOUTHOLD
Date:
(3)
April 10, 2003
8
STATE OF NEW YORK
DEPARTMENT OF STATE
4 I STATE STREET
ALBANY, NY I 223 I -OOO I
GEORGE E. PATAKI
GOVERNOR
Town of Southold
Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
May 7,2003
RANDY A. DANI?LS
SECRETARY OF STATE
RECEIVED
I~A¥ '~ 9 2003
Soulhold Town Clerl
RE: Town of Southold, Local Law 7, 2003, filed on 04/14/2003
To Whom It May Concern:
The above referenced material was received and filed by this office as indicated.
Additional local law filing forms will be forwarded upon request.
LL:cb
Sincerely,
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2755
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or on the front if space permits.
1. Article Addressed to:
NYS Department of State
C. Signature
x APR]4 ?NN-"~Agent
-- ~' v~aI.J Addressee
D. Is delivery address different from item 17 [] Yes
If YES, enter delivery address below: [] No
State REcords & Law
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Allany, NY 12231
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-.NY. US
PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M.0952
ELIZABETH A. NEVILI
TOWN CLERK
REGISTRAR OF VITAL STATIS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFF
FREEDOM OF INFORMATION Ot
Attention: Shirley Flint
Code Supplementation
General Code Publishers Corp.
72 Hinchey Road
Rochester, New York 14624
~ 5. 2u03
Ms. Elizabeth A, Neville:
The following material has been received
and will be processed for inclusion in your
Code as supplemental pages (where
applicable):
Local Law No. 7-2003
PO Box 1 i 79
Southold, NY 11971
APR 2 1 2u03
Generai Code Publishers
*-' ~ne: 800t836-8834
, ~x: 585/328-8189
sates @g e ne ralccod~.c~j~
Re: Town of Southold Code
Local Law Number 7 of 2003
Dear Ms. Flint:
Transmitted herewith please find the Local Law Number 7 of 2003.
Please make the appropriate amendments to the Southold Town Code.
Thank you.
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
Enclosures
cc: Town Attorney
Legals from preceding page
months following the effective
date of this Local-Law after
which date this Local Law shall
lapse and be without further force
arid effect and subject to any
other Local Law adSpted by the
Town. Board within the twelve
(12) month period:
i) The Bohrd of Trustees' of the
To~vn of Southold shall not-
accept for review, continue
reviev¢, hold a hearihg or make
any decision upon andy a!?plica-
tidh (new or pending) inad~ pur-
sUanf tO Chapter 97 of the T~)wn
Code of the Town of Southold for
~residential or commer-
ontinue
or
that term is
residential or commercial struc- to be unconstitn~,onal or invalid.
mre/,b, uildin~ o~_}, vacant land. or Section ~ 9: EFFECTIVE DATE
~ (as defined by This Lffcal Law shall take
Chapter 97 of the Southold Towh effect immediately upon filing
Code) below the high tide line o{- with the Secretary of State as pro-
"tidal waters" (as- defined by vided by law.
Chapter 97 Of the Southold Town BY ORDER OF THE
Code) or in standing water of an'/ SOUTHOLD TOWN BOARD
'ffreshwater wetlands." (as defi. n~ OF THE TOWN OF
by Chapter 97 of the Southo ._ SOUTHOLD, MARCH 25, s: '
Town C-ode) may be approved if 2003
a) A field inspection was con- [LI~ABETI-I A.'NEVILLE ; sworn, says
dhcted and all field inspectior~ SOUT~OLD TOWN CLERK Advertising
issues were addressed and ,1X-4/303 _ ?r Watchman,
resolved prior to the effective
date of the Temporary a public newspaper printed at Southold,
in Suffolk County; and that the notice of
which the annexed is a printed copy, has
been published in said Traveler
Watchman once each week
for ..... ¢ .... week[=~~ _~uccessively,
com, j:n/ncin, gpn the ..... ~ ....~...day of
. ..... ,200 .
;ection&: 6: CONFLICT WITH ~ ~_ t~c...= me Ihis ....~.. .... day of
AWS AND AUTHOR A Local Law entitled, ,, '
OTHER L ~kCEDE - ' L~w i~ reia~i~n ~o E~--~L--°cal wetlan.ds, .wetland ·
ITY TO SUP .'- . · to Bo---' ~ ~mpuons and namm~ r~: boundaries
To the extent that_any prov.1- T~em_~_~".U~,. o! Trhstees Tow-'°- .... ¢~u.urces are I) the
sions 'of this Local Law are ~n ?[ary. ~[oratoriam', _..-?. ..Local
conflict with or.are, consmk, e.d as ~B~f!~E~N.,-A U_TED by the 'Town ~R_e~v, ta~l./zatjon Program
inconsistent with tile proWstons -- -~;',~ me Town of So - ~-~_ z) the Pecon/c ~.~t'~'~
: hold as follows: ' ~- uthold, . Comprehensiv ......
Town of Southold for .a,ny ,new of Chapter. 97,,qf th.e S?ut~ I Put ..... ~' ., ' ~ Plan. e Management
and wi ' ; i' 7:. ~',.~' ,, -. ' ~.o~.s~'~~' p-
DURE town. utmost concern because-t-h~
The Town Board shall have the One :of' the primary tool's activities have the potential to
Implemented by t~e Town to pro- cause further harm to the coastal
'ect it~ natural resources is environment. Thi~ moratorium
~) the
waiver
or
itapter 97 (entitled "Wetlands")
he Southold Town Code. The
laws and set
should have
are in accordance
comprehensive
(;bjectives.
r the practical reah-
~ lav~s set forth in
wetlands
not
5) the construction of
ter~d bulkhead,
include
ing re
building
the ~
md
will enable the Town and the
Trustees to focus on crafting and
implementing a strategy to
ensure that it actually achieves
its comprehensive . planning
objectivei. This action is neces-
sary in order to protect the char-
actar, natUral resOUrces and envi-
ronment of the Town~6f S0uthold
and the public health, safety and
welfare bf Town residents.
Section 2: Enactment of a
Temporary Moratorium
For a period of twelve (12)
See Legals next page~
the
on, with
Final
the
of
there-
for
of
~ ..... ~ ' ', ~, ,~rn~;.~ ui,~er Creek in the Town
' to be uncons~itutional~or.~in__v% .bae..~el.~by'~t~he Zt~in~7o~x~ra ~[r ~~;aa, ~u~lk CounW~
Section:g ~:' ~F[ECTI~e.p~t,[ ~P~P'~ ' ~t ff~[~ Co~W New; Ne~ York, hchding incidemat
'This Local Law Snmt j~re ~?~rneaa~.~P',a q~a~Jal [~e~ im¢rovemems and expenses in
on Blln xorK on Apm xu,. =-y~. x~ r ,. therewith there are
effect immediately up g . , _~ m .... ~ ~11 2uu co~ecuon : ~ ~. . .,
with the SecretaW of State as pro- hereby authorized to pe ~su?
' law muw**~ , : ' 200 000 serial bonds oI me
wded by · the t~me sho~ $ , .
nv ~RDER OF THE York not before .... . ...... :~ T*wn 'of R~verhead, Suffolk
g~ .... VAX~xxix~ uOA~ below on each o~ me iotlowtt~$ ~..--~, Xr .... York nursuant to
~u'5~~ t~O'~N~ OF a~pep~s: _ ...... ;1;_. ,;me ;tS; ~u~[~;v~si~&ns o~ qhe LOcal
~UT~6LD; MARCH 25, _7:4>, Pdt" 0~r~an~e~i o[' Finance Law. . ,. ,
Appeal mO. -__~2 F~ . _~ _ ' q~ptlnn 2 It is hereby deter-
2003 S0rto 1247 osborne ~ 3gcttu~ ~: . .
ELIZABETH A. NEVILLE ~antos ~:-:~Xk;'a New York* mined that the m~x~mu~ est~t-
~*TuOLD TOWN CLE~ Avenue, m~vux~*~=kkL~¢ ina ed cost of the atbrepamff~ke~[c
' ' [~GA[ ~_9T[CE ~ ~J~ r~e~tin~ he~issi;~ thereof is by th~ ~ssu~nce 9f ]~
Notice of PubUS~¢9~c~, ~[~x~a~ X ~t ¢&~5~ th~ ~iiea $200,000 s$fial ?onap o~ smq
' NOTICE IS .HE~Bx utV~ ,~iX~y ~ < '7~:._~. _~ in&lead ~own authorized to oe.~ ~spuea
b) that, pursuant to Sec3?n 576. of S~ ~s)~ne&~aet~t~ ~e~ and to~ p~su~t to this bon~ re?luCqn.
the Town Law, a p?n~neg~xq~ pt mc PY)~h"~L.:'~ a ~ide ,~ar~ ' Section 3 It is hereoy deter-
will be held by the boumola leave a sneu harms
f 3 6 feet instead o~the: ~ned ~at,the Period of probable
Town Planning Board, ~ thp wxdt) ~~u'X ~,3~*~-- [ use~lness of:the aforqsa[d sp~,-
Main Koaa, re~u~Leu ; · · ~ c:' ~c object or ¢~ose xs I~ve ~2
Town Hall . m reva.hng t~m~, _iff .....
Southold ewYork m smdTq~ .~.~u, ~.~., a~ oa a-heal of ve~s, pursuant to sub&v~s~p~ ~
~ ,h~ ~)~ day of Aur~, 20~3 . Appeal ~F' .go-9~' ,krv ,~ ~,.: _ 2c ~gr~oraoh aof Section ILuu
;~'~ g~esti~;f the ~olldWMg: - ~pnp )no M~9~bffg~g!x~~ ~} [~o~ Finance Lawu
6:00'p.m. ' Public Hearing mr ~)naa avenue~ ~qUCces to2?~k~'~;~n~ ,~-: hereb~, : M~her. dete~inea, mm
the roposed set-offfoy ~arbgrq ~kc[~[;ksa~ 16 of the $~de the maximum matunW .of th~
M~n. The pro e~ xs tocmea xuo, o ~.[ ....... - '
on the west si~ df Boisseau of th~ Town o~ Riverhead, ' serial bonds herein authorized
- - · 'n e~ission to create will not exceed five ye~s.
Avenue o osite Lx~a~rx~e, xn. request~ ~.: .... /aC ~f 13 234 Section4 Subjectto~ep?vx-
S0utho{d,P~own of uou[~pld, ~o l~ts~[~,~d-]5~gi s~[ar~ signs of. the LocalF~p~9e
~oun~ofSuffok, Stat¢o~w 5q~ar'--~:~a of ~$ ~e~uired the power to aumonze
York Suffolk Co~, lax Map ~[0$a~}~e ~;t ;ach -' a issu~ce of and to sell bond antic¢
N~ber 100025~-?15 . '~ Tll ~]~;als a~;~d to thi~ ication notes i9 ~ntic~tion 9~
6 05 p.m. vumm nparmg ~or ~ ¢ 2~g~: ~ ~fior t0 those the issuance and sale 0I 5n9 sqrx~l
the ~m~osed lot line change Ior ~mef[nbc ~, v: bonds herein authorized, mcmq-
I c,,~ hS~oh-~.states The oroper- usrea aoove.. · - ~ ~A in~ renewal of such notes, .~s
~o.~ ~ ...... erson OeSlHB' [O o~ n, ...... ~ e
ITY TO · ~ ---:¢ l~ated no~h of NY~Route ~Y P; ~. ~__~ ~x~ hereby delegated to ~
an provl- ty x ....., ' n tae above menuon<u app~a~o ~. ' ~i-
TO th~ Y · tars Road m o - ' xsor the chief fiscal o
ns o~ this Local Law are m ~25, 17~;~ast of S hold shodd ap~e~ at the specxfied Supe~ ,, ..... hall be of such
~o . . ~ ~n To~ of Sout , , - cer ~ucn no[~ ~
:onflict w~th or.are c0ns~e¢ as[East M~, , ok~ State of New Ume and~lac%_~; ........ ,~ fo~ and contents, and
' the rowsmns CounW of Su~ , ~ RT~ ~LL~, ~xm- t~x ......
incOnsi;tent w~th_ . p~ . ~ Tax Ma ~ ' ld m such ma~er, a~
~ ' Suffo~ Co~W P AN shall be so .
' 97 of the~ ~outhold Yo~k. M · b sam
of Cha]~ter ~ - 3-18.1 & 18 7 be rescnbed Y
~ - Number 1000-22- · BOA~ OF may P .
th~s Local Law . - ZON~G · · ~th the
Town ~ode ~ , . ~c Hearm for . ~sor, consistent w
suPercedes, amenos .upa takes &bli efor : ~~ S~ons'0f'tfie Local Finance
rededeace over prov~smns, pur; ~ ~. ¢ ~ .... ~ McNul-~ The 1X-4/3 ( ) P~
P he Town's mummpai Jo~ ~ rtmm · Law. . d credit
~uant t >; t -5-i ~,~}~-ant to ~ oro~e~ is located on [~e no~ ~ ~a~. NOTICE Se~qn 5- The f~t~qn ~.}~
nome ~ute_pow~tk, ~o~.~ _~ tkh~r of ~ Laurel Lane and ~V¢J~;;qV-~.xmx; of said 'town' ot ~ve[n~,
ici >al Home ~ute Law s?- ~ ~y ..... a in ' NOTICE 1~ ~e~x ut v ~, New York are
~P ' " 3 · sect~o~ ~Pecon)c ~ Y B~u!~var~ ,~ +~+ *he resolution nublished Suffolk Co~,-~ , ~ ,~.,.,
tmn t0(1)(u)(d)~ )' : .... · .....~ Town ot~' ~0umom3 ma[ ,~.. ~, - t-~ ~-. ~ hereby i~evocabtyvteagea to mq
' a 14 aha section zz tc ~,u.~.~ - 'herewith nas oeen ado t~u oy u,y -~ ~ al of and
100)0.)(~)(] ) · ' Co~ of Suffo~, State of New ' uffo a mere of the prmc~p
,, an mconslsten W Town of R~verhea~ S P Y ' tmns as the
su crc .de Y ~ oun Tax Map [~ est on such obh a
. E · - York, S~ok C W . k on the 19 rater .
aff~on~, . . · ~ -- ' 0-129-1-2 & 3. ~o~,~w Yor~ ..... ~ ~h~ ~ame respectively ~ecome due
tar th~s local law Nmber 100 a oteeoma , zuuo, ~ ......... _
In pxmcq a -. · - d a ~gle. ~ualappr°
superex, s SomoldTo~nCpde ~Dated. 3/14/0~ EROFTHE v}~tyof~e~hgat~onsauth?- an. ,p y ~ , ..... ~e in each
de 97 20 section ~ BY O~ sudh resolution may oe pnanon snm~ o~
Chapter 97 sec~: - ' ,.. SOUTHOLD ~zed ~ · . .... ~.. ;~ 5.,oh ,~em sufficient to pay the Eqnc~-
tion 97-22 section ~- ~ nereaner contesreu omy ~-~u~,. v : h oDli a-
97-21, sec ~ A~G BOA~ . - 1 of and interest on suc
24 se( tion 97-25, section 97-27, a ~ TO~ ~_~, ~¢lowski Jr obhgatmns were autho~zed.[o~ '~5_; hoo~min~ due and pay~a~le
se;t~o~ 97-2~, and,.sec~q~ff-~ [ . _~em~,[ -- Chai~m~ aqp~ect or ~?0~,ht~[;,o~}~ ~°~c~ar' ~here shail ~ual5
which req¢~re tn~ ,¢~X~in~~ ~ . 1X-4/3/03(646) said: ~p~ ~s n~r q}qi~;'~;vi ly be leGed on all the taxable r~t
tes act u on~ polo ne g exoena money, o v - ' ' ~-wn a tax suni
T~S ~ P ~ ~ · ' rOe lB salo 1o -
ke decis~ons concern - ' · - ions of law which shouldhave P. P ~ " ' 'of and
on, antma LEG~L~gT~.. s [iedwi~asofthedate ment to payt)e qnc~pal
~ng ~p ¢hcat~ons. _ otice of PubUc Hearing _. b~en c~; ' ' were interest on suc~ o~hgatlons ~ the
S~,o 2: aveEaEs p oca IS HE,BY GIVEN of pub]iu~Upp,~f th~ff--~;th same become abe ~d paygb[~.,
DI~' ., ~,~ .2~ ;f~;~,~ ~V of not su~stanuat~y compn~u '~ , ~f;~ ~ ~uch bonds shall be
--~:~' have the mat, pwsuam to ~,[;~ ~ "n suit or roceemng acc
he Town Bo~d shall n of ~d ~ actm , P - · - ' ed fo~ ~d shall
T - · of the Tow · ~11 re ~ster
' . · e the the Code · - - hvahd~ is com, m y g
n to va or wmv · l be contesting suc ~ · name of the
aut~9 W w .. lda ubhchearm ~d. · · ' er be s~ ned ~n the
a hcatxon of a~y .prov~pn.of Sopjhq , ~ge Southol~ Town ,encsd wlt)m ~n~ ~a~a~;~ Tow~g of Riverhead, Suffolk
P Law m ~ts leg~slatxve held by the date o; pumxcauon m [ ...... manu-
~s Lqcal , · oard at the Town . · ' Court New York, by the
d'scret~on, upon 1ts dete~nat~qn e}~pmq~. ~ , thold. Ne not, ce, or. such ob~gat~¢~[e ~l ~c~imile signature of the
~at such var~ange or wmver ~s ~all, Mam.}qad: Soun thd 14[~ authorizegSnv~°lat~nslmePm' g,2;2r:2; an~ a ~si~ile of its
o allevxate the extyaor- York ~p ~ To~ o visions of the uonsumuon., o~w-'7~- , ..... ~ :m~rinted
reqmre¢'; . . ~ . . -. ~_, a ....f AUrH- 2003 on the ques- . - ~- ; ........ V~rk comorate seal snm~ o, ~. v
di~aw ~arasnip o~ me ~¢~t~ ~5 ~[t~[fo[lowin~' Dated: mverneau, ~.w · .... or impressed'thereon and may oe
danger of collapse ~[ls~t u~}15 p~ PubiirHe~ng for March31,2003 v facs~m
en Barbara Grattan - attested by the m~ual 'or -
failure;o~ a [es~d r..:ldi~~ ~ th; ~rd~'osed site pl~ for ~aul . Towa Clerk ~le sxgna~ of~e T6wn C~e~k.~
r om - '
aI s~c~e o ' ctin Nature ' tion 7 ~he powers anu
' ~ ' t pa~[~skffRefle g · ' ON DATED Sec : ..
such a reqkest ~he apb~can~ *~ ~na~ is located'on the BO~ ~SP~ duties of adveglsmg such }pnd~
r ' town Doara thc v'~ ~ ' . , ARY tH zuu3
fi~w~t~ mp - -- CR 48. at 260 Cox s ~E~ , .- r sale conductm the-s~le ~na
. ~ Tmsmes su- noffhsx~ ~. .. OLUTION AUTHO~Z fo .,
~e,g0ars~*:~ ineln i~ Neck Lane, m Matt~tug~ ¢~n ~,~u~ ~ UANCE;..OF-~ awardxng the, pos~s, dry
[g aocm~ntauv,~, ...:_ud ~ ~c q~,,¢h~lA Co~W o~ ~U~rOIK, ts~u 33~[S~ n~G~q ~F delegated to me bupe~so5
xfie' ~ d engineers report . 0~ o,~,,q~, -~,rk Suffolk $200,000 5b~AL Dw~o- ~x :-- dve~se such bonds
or State of New Yo . ~E~EAD, shal~ a
re best for a van~ce 000- T~ TO~ OF - ' 'sale and award
; q · nt Tax Ma Number 1 EW sale conduct the , .
:r shall be~ fi~ed ~th t~q ~S~ y P SUFFOL~ _~7~ tic ,ho Londs in such ma~er as he
and me Board of ll~X~4't~-zv ~ eubfic Hear~g for yO~,TO PAY the c~-~ [~)~ ~ . ·
Clerk
n 6 p ~DGING OF THE shall deem best for the ~nterests
[
)r ) ' ' ' "' lan for island THE D o~' rovided, however,
the roposed s~te p I~R C~EK IN of the T , P .
lu, fe ~ ' nc/Fxshers WADING R ' exercxse of these dele
he ~H~a~ Project, :. [ .. ~ ..... ,~xxmr that m the -
Island Civic Assoc~atmn. the ~
Trustee reco~nenda- is located at the no~h WHEREAS, all conditions gated powers, he shall comply
-} ' of Oriental Ave & precedent to the financing of the Mlly with the provisions of the
~ansmkted' to the corner, rescent Ave' ., p~sners~' - ~s~an~; ~ cap~,,~x~'"~, e'r°iect, dlu~n~ comhereinafterliance LoC~lor mleFinanCeof the LaWstateandcom~tr011erany order
~ SoUthold County of described, m .. g P apvlicable to ~e sale of ~unici-
town of ~ ,.~ ;~ ..~ .... ;~h the nrovlslOnS of the State
>uffolk, Stat ' uah Rewew obi bonds. The receint of
ax Ma N~ber Environmental Q . ~
Suffo~ Co~ ~ P Act ave been ~erfo~ed; and . gupe~isor shall be in ~11 acquit-
1000-9-2- . · : xx~uw~a~ tisnow desired t~ce to the purchaser of such
Dated: ~5~ ~ ,n~ ta authorize the financing of. such bonds, who shall not be obliged
BY .0~ ur ~ ~ital ~roject; NOW~ THE~- to see to the applicmion of ~h~
~' I ,.] OA~ ~ : : .' Se~ion 8.-k~l o~er maters
~ '~~ ]. ~~~ ~~~g ~Te~ purchase money.~
:~r~ except as provided herein relatin~
to such b6nds, including whethe
to issue sudh bonds having sub
follows:
Section 1. For the s~ecific st~tially level or declining
the object or pu¢ose of payihg the
a Public Hearing will cdst of the dredging o~ the See t~gals next page
STATE OF NE ,¢ YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly
sworn, says that on the 3 1 day of irv~o-t-e.)-~ ,2003, she affixed a notice of
which the annexed printed notice is a true copy, in a proper and substantial manner, in a most
public place in the Town of Southold, Suffolk County, New York, to wit: TOwn Clerk's
Bulletin Board, 53095 Main Road, Southold, New York.
Public Hearing: A Local Law in relation to Exemptions to Board of Trustees
Temporary Moratorium"
- d~i~lJ~th ~. 'Nevi]l(e
Southold Town Clerk
Sworn before me this
5 t day of ~Oo.-t.k_ ,2003.
N~otary Public
LYNDA M, BOHN
NOT.~,RY PUBLIC, State of New York
No. 01 BO6020932
Qualified in Suffolk Coun~
Term Expires March 8, 20 ..(.22~
SOUTHOLD TOWN BOARD
PUBLIC HEARING
April 8, 2003
5:15 P.M.
HEARING ON "A LOCAL LAW IN RELATION TO EXEMPTIONS TO BOARD OF TRUSTEES
TEMPORARY MORATORIUM."
Present:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman William D. Moore
Councilman Craig A. Richter
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that there has been presented to the
Town Board of the Town of Southold, Suffolk County, New York, on the 25th day of March 2003 a
Local Law entitled "A Local Law in relation to Exemptions to Board of Trustees Temporary
Moratorium".
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a
public hearing on the aforesaid Local Law at the Southold Town Hall, 530905 Main Road, Southold,
New York, on the 8th day of April 2003 at 5:15 p.m. at which time all interested persons will be
given an opportunity to be heard.
The proposed local law entitled, "A Local Law in relation to Exemptions to Board of Trustees
Temporary Moratorium" reads as follows:
LOCAL LAW NO. 2003
A Local Law entitled, "A Local Law in relation to Exemptions to Board of Trustees Temporary
Moratorium".
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Purpose- To provide exemptions to moratorium law for applicants who completed review process
prior to effect of Temporary Moratorium. Additionally to provide exemptions to applicants who are
seeking to renew a validly issued permit, or seeking to amend a validly issued permit with a more
environmentally beneficial or neutral modification.
II. Local Law No. 1 of 2003 is of the Town of South°ld is hereby amended as follows:
Section !: Legislative Intent
The Town of Southold possesses a rich heritage of scenic, historic and natural resources,which
are vital to the towffs sense of place and to its economic success as a community.
The upland acreage of Southold Town, including Fishers Island is approximately 34,369
thousand acres with approximately 163 linear miles of shoreline. This acreage is bounded to the north
by the nationally recognized estuary of Long Island Sound and to the south by the nationally
April 8, 20O3 2
Public Hearing-Trustees Exemption
recognized Peconic Bay Estuary. Trustee jurisdiction under the Andros Patent encompasses more than
2,000 acres of underwater lands, not including Sound and bayfront owned by the State of New York.
The local economy is based on two traditional industries and a third, newer, but strong industry:
farming, recreational and commercial fishing and tourism/second homes. The economy is based
squarely on a unique, extraordinarily beautiful and productive environment that is both fragile and
sensitive. Protection of that environment therefore is of utmost importance to the Towns financial
health and long-term future.
The comprehensive planning objectives of the Town of Southold are: 1) the preservation of
Natural Resources; 2) preservation of Open Space and Recreational Space; 3) preservation of the
Rural, Cultural, Commercial and Historical Character of the Hamlets and Surrounding Areas; and 4)
the preservation of farmland and agriculture. In August 2002 the Town of Southold adopted a
moratorium on the review and granting of major and minor subdivisions and approvals for
multidwelling development. The purpose section of that moratorium stated in part that "The Town
Board finds that increased growth and development within the Town of Southold are placing severe
pressure on water supply, agricultural lands, open and recreational space, the rural character of the
community and natural resources located within the Town."
One of the primary tools implemented by the Town to protect its natural resources is Chapter
97 (entitled "Wetlands") of the Southold Town Code. The existing laws and procedures set forth in
Chapter 97 should have the practical effect of ensuring that new development and redevelopment are
in accordance with the Town's comprehensive planning objectives. Unfortunately the practical reality
is that the laws set forth in Chapter 97 to protect wetlands and wetland boundaries are not having this
effect.
Two critical studies and analysis which include the Town's wetlands, wetland boundaries and
natural resources are 1) the Town's Local Waterfront Revitalization Program (LWRP) and 2) the
Peconic Estuary Comprehensive Management Plan.
After years of study, fact gathering and writing, completion of a LWRP for the Town of
Southold is imminent. In addition, the Comprehensive Peconic Estuary Management Plan has recently
been adopted. The LWRP is a comprehensive plan for the entire Town. As waterfront land has, in
certain instances, been inappropriately developed, Town waters and habitats have been negatively
impacted. One example of this is the closure of shell fishing areas such as Matt/tuck Creek and James
Creek due to an increase of coliform bacteria from septic systems and stormwater runoff, to name just
two sources.
The LWRP and the Peconic Estuary Plan recommend several land use measures that should be
adopted by the Town to augment estuary protection. The Town and the Board of Trustees intend to
carefully consider and possibly implement these recommendations
The Board of Trustees and the Town will use the moratorium time to evaluate the effects, both
singularly and cumulatively, of these actions in order to minimize damage from erosion, turbidity or
siltation, saltwater intrusion, loss of fish, shellfish or other beneficial marine organisms, lost of aquatic
wildlife and vegetation and the destruction of the natural habitat thereof, to minimize the danger of
flood and storm-tide damage and pollution, and to otherwise protect the quality of wetlands, tidal
water, marshes, shorelines, beaches, dunes, bluffs and natural drainage systems for their conservation,
ecological, hydrological, economic, aesthetic, recreational and other public uses and values, and
further to protect the potable fresh water supplies of the Town from the dangers of drought, overdraft,
pollution from saltwater intrusion or inappropriate land uses and misuse or mismanagement.. A
moratorium will give the Town and the Board of Trustees time to consider and implement the LWRP
and the best land use techniques for protecting its waterfront resources.
April 8, 2O03 3
Public Hearing-Trustees Exemption
This moratorium addresses the fact that new growth in the form of new structures on existing
waterfront lots and underwater lands poses a similar potential to impair the Town's unique
environment, geology and hydrology. Many of the Town's existing waterfront lots, whether they be
vacant or developed, residentially or commercially zoned, do not conform to current zoning in that
they are smaller than the minimum required acreage. Therefore, the development and redevelopment
of these lots is of utmost concern because these activities have the potential to cause further harm to
the coastal environment. This moratorium will enable the Town and the Trustees to focus on crafting
and implementing a strategy to ensure that it actually achieves its comprehensive planning objectives.
This action is necessary in order to protect the character, natural resources and environment of the
Town of Southold and the public health, safety and welfare of Town residents.
Section 2: Enactment of a Temporary Moratorium
For a period of twelve (12) months following the effective date of this Local Law after which
date this Local Law shall lapse and be without further force and effect and subject to any other Local
Law adopted by the Town Board within the twelve (12) month period:
1) The Board of Trustees of the Town of Southold shall not accept for review, continue
review, hold a hearing or make any decision upon any application (new or pending) made
pursuant to Chapter 97 of the Town Code of the Town of Southold for any new residential
or commercial structure/building on vacant land;
2) The Board of Trustees of the Town of Southold shall not accept for review, continue
review, hold a hearing or make any decision upon any application (new or pending) made
pursuant to Chapter 97 of the Town Code of the Town of Southold for any "operations" (as
that term is defined in Chapter 97) below the high tide line of any "tidal waters" (as that
term is defined in Chapter 97) or in standing water of any "freshwater wetlands" (as that
term is defined in Chapter 97)
Section 3: APPLICATION
1) This Local Law shall apply to ALL (new or pending) applications seeking a Chapter 97
permit from the Board of Trustees of the Town of Southold for any new a residential or
commercial structure/building on vacant land or any "operations" (as that term is defined
by Chapter 97 of the Southold Town Code) below the high tide line of"tidal waters" (as
that term is defined in Chapter 97) or in standing water of any "freshwater wetlands" (as
that term is defined in Chapter 97)
Section 4: EXCLUSIONS
This Local Law shall not apply to:
1) the ordinary and usual operations incidental to the cultivation and/or harvesting of fish and
shellfish;
2) the ordinary and usual operations relative to conservation of soil, vegetation, fish, shellfish
and wildlife;
3) the ordinary and usual operations relative to agriculture, aquaculture or horticulture;
4) the ordinary and usual maintenance or repair of a presently existing permitted building,
dock, pier, wharf, bulkhead, jetty, groin, dike, dam or other water control devise or
structure;
5) the construction of a registered bulkhead, which is to replace an existing functional
bulkhead, provided that the new bulkhead is constructed substantially similar to the design
and measurement of the existing bulkhead and located in place of the existing bulkhead;
6) repair or renovation to existing residential or commercial building or structures;accessory
structures above the high tide line;
April 8, 2OO3
Public Hearing-Trustees Exemption
4
7) applications/inquires to the Board of Trustees for determinations of non~ jurisdiction.
8) applications for extensions, for a one-year term, of a validly issued permit. The Board of
Trustees may add conditions for appropriate environmental safeguards to any renewed
permit.
9) applications to change the name of the owner or applicant on a validly issued permit.
Section 5: EXEMPTIONS
The Board of Trustees may grant exemptions to the temporary moratorium as follows:
1) An application seeking a Chapter 97 permit for any new residential or commercial
structure/building on vacant land, or any "operations" (as defined by Chapter 97 of the
Southold Town Code) below the high tide line of"tidal waters" (as defined by Chapter 97
of the Southold Town Code) or in standing water of any "freshwater wetlands" (as defined
by Chapter 97 of the Southold Town Code) may be approved if
a) A field inspection was conducted and all field inspection issues were addressed and
resolved prior to the effective date of the Temporary_ Moratorium; and
b) all documents, related reviews, inspections, reports and other necessary_ items in
support of the application were submitted, addressed and resolved prior to the
effective date of the Temporar~ Moratorium; and
c) no further review or hearing is necessary on the application.
2) A validly issued permit may be amended or modified, in the discretion of the Board of
Trustees, if the environmental impact of the amendment or modification is more beneficial to
the environment or would not adversely impact the environment or the wetlands.
Section 5: 6: CONFLICT WITH OTHERS LAWS AND AUTHORITY TO SUPERCEDE
To the extent that any provisions of this Local Law are in conflict with or are construed as
inconsistent with the provisions of Chapter 97 of the Southold Town Code this Local Law supercedes,
amends and takes precedence over such provisions pursuant to the Town's municipal home rule
powers, pursuant to Municipal Home Rule Law section 10(1)(ii)(d)(3); section 10(1)(ii)(a)(14) and
section 22 to supercede any inconsistent authority;
In particular, this local law supercedes Southold Town Code Chapter 97 sections 97-20, section
97-21; section 97-22, section 97-24, section 97-25, section 97-27, section 97-28, and section 97-29
which require the Board of Trustees act upon, hold hearings on, and make decisions concerning
applications.
Section 6 7: APPEALS PROCEDURE
The Town Board shall have the authority to vary or waive the application of any provision of
this Local Law, in its legislative discretion, upon its determination that such variance or waiver is
required to alleviate the extraordinary hardship of the imminent danger of collapse or structural failure
a residential or commercial structure or building. To grant such a request the applicant must file with
the Town Board and the Board of Trustees supporting documentation, including a certified engineers
report.
Any request for a variance or waiver shall be filed with the Town Clerk and the Board of
Trustees (for recommendation) and shall include a fee of $150.00 dollars for the processing of the
application. The application and Board of Trustee recommendation shall be transmitted to the Town
Board which may conduct a public hearing and make a final decision on the application, with or
without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board.
Section :~ 8: SEVERABILITY
April 8, 2003 5
Public Hearing-Trustees Exemption
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a
whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Section 8-9: EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
COUNCILMAN WICKHAM: Those are the key changes, the key points that we are seeking to
introduce here that would permit certain applications to go forward that have been caught up in the
moratorium as enacted so far. I have before me a letter from the Planning Board, who has reviewed
this proposal and the cogent sentence at the bottom is that the Planning Board has no comment on this
hearing. I also have a letter from the Suffolk County Planning Department, which says in effect, the
Suffolk County Planning Commission considers this to be a matter for local determination as there is
no apparent significant county wide impact. And a decision on local determination should not be
construed as either an approval or a disapproval. I have the usual legal notice that it has been
published in a local newspaper and in addition it has been presented out there on the Town Clerk's
bulletin board. And I believe those are the only communications that I have on this.
SUPERVISOR HORTON: Thank you, Cotmcilman Wickham. Members of the public, would you
care to address the Town Board on this public hearing? (No response). We have three Trustees sitting
down there, not that I am pressuring you to share.
ALBERT KRUPSKI, PRESIDENT, BOARD OF TRUSTEES: Good Evening, ladies and gentlemen.
Albert Krupski, President, Board of Trustees. This is something that we worked on for the Town
Board. We appreciate the Town Boards cooperation in this matter. It clears up a lot of wording in the
moratorium changes. The changes in the code, we have been working with a number of people, we
have taken comments from the Town Board. We expect more comments from the Town Board as we
propose different changes to the code. We are working with, through Josh Horton's efforts, with the
Chief of Police and the Bay Constables and the Code Enforcement Officer. We appreciate that effort.
We are working with a lot of the resources from Comell Cooperative Extension and that has been an
ongoing process. We have been grateful to the Town Board for their allocation of time of Scott
Hughes to our office and also the allocation of time of the Assistant Town Attorney, Pat Finnegan,
which has been a great help in the ongoing process of changing the code. So, if you don't have any
questions, I would like to thank you for your cooperation in this matter and let us continue on with the
code changes. Thank you.
SUPERVISOR HORTON: Would anyone else care to address the Town Board on this public hearing?
(No response). Town Board members? (No response). We will close this public hearing.
~ville ~
Southold Town Clerk